Pottstown man convicted of assaulting police

Erik Deger of Pottstown speaks with his standby counsel Bonnie-Ann Keagy outside of court at the Montgomery County Court House Wednesday before the jury returned with a guilty verdict. (Photo by Carl Hessler Jr./The Mercury)

NORRISTOWN — A Pottstown man’s eyes welled with tears after a jury convicted him of charges he assaulted a police officer as police investigated an alleged domestic disturbance at his home.

Erik D. Deger, 27, of the 1300 block of South Street, frowned and used a tissue to wipe tears from his eyes after the Montgomery County Court jury convicted him of misdemeanor charges of simple assault and resisting arrest in connection with the May 2011 incident during which borough Officer Matthew Green was injured. The jury deliberated about two hours before reaching its verdict against Deger, who represented himself at trial.

Judge Wendy Demchick-Alloy deferred sentencing so that court officials can complete a background investigative report about Deger and so he can undergo a psychological and psychiatric evaluation. The judge allowed Deger to remain free on bail but warned him that she would revoke bail and lock him up immediately if he violated bail conditions or failed to get the mental health evaluations.

The judge also convicted Deger of summary charges of disorderly conduct, finding he caused public inconvenience, annoyance or alarm while engaging in fighting or threatening, violent behavior.

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“He was completely out of control. To say it was a meltdown is an understatement,” said Demchick-Alloy, explaining her verdict on the summary charges and adding that prosecution witnesses to the incident were credible.

While Deger faces a possible maximum sentence of 2 to 4˝ years in prison on the charges, sentencing guidelines would allow for less jail time.

During the two-day trial, Green testified he was the first officer to arrive at Deger’s home at about 5:42 p.m. May 1, 2011, to investigate a neighbor’s 911 call reporting a “physical domestic” incident outside Deger’s home. Green testified Deger was “belligerent and argumentative,” refused to give police his name and blocked Green’s path when he tried to check on the status of a woman who was observed at the residence.

Green testified Deger, who had an odor of alcohol on his breath, became increasingly combative and that when he tried to take Deger into custody for disorderly conduct Deger resisted arrest. Green, who testified it took three officers to control Deger, suffered injuries to his hand and knees during the fight that ensued.

But Deger, who occasionally conferred with court-appointed standby counsel Bonnie-Ann Keagy as he questioned witnesses, implied he was the one who was assaulted by police and he showed the jury photos of scrapes, bruises and cuts he suffered during the fight. Deger argued to the jury that the altercation occurred not at his hands but at the hands of police and that the prosecution’s case consisted of “exaggerations of actions, twisting of truths and false testimony.”

Deger’s neighbor testified for Assistant District Attorney Cara McMenamin that she called 911 after her two daughters frantically alerted her to a man allegedly punching “the daylights” out of a woman, who testimony revealed was Deger’s girlfriend at the time, in the yard next door. The neighbor, whose 911 call was heard by the jury, testified Deger also was uncooperative with arriving police.

Deger’s former girlfriend who lives in Spring City testified Deger never punched her and she could not explain why a neighbor called 911 to report a domestic disturbance. The former girlfriend claimed Deger cooperated with police when they arrived at the home and that she was “startled” when she observed Green get aggressive with Deger, punching Deger in the face, placing him in a choke hold and throwing him into a flower bed. The woman claimed Deger was not fighting back.

McMenamin argued the testimony of Deger’s former girlfriend was not credible given the neighbor’s account.

“I submit we got a very well-rehearsed recitation of what they wished happened that day,” McMenamin argued to the jury, referring to the former girlfriend’s testimony. “I submit to you that is not what happened.”

The judge, while convicting Deger of disorderly conduct, said she did not find the former girlfriend to be “particularly credible,” describing her testimony as “rote and cold.” At the same time, the judge explained she found Deger’s neighbor to be “a very powerful witness, compelling” for prosecutors.

About the Author

Carl Hessler Jr. writes about crime and justice at the Montgomery County Courthouse for The Mercury and 21st Century Media Newspaper’s Greater Philadelphia area publications. A native of Reading, he studied at Penn State University and Kutztown University before graduating from Alvernia University with a degree in communications. He is a recipient of a National Headliner Award and has been honored for his writing by the Keystone Press Association, Philadelphia Press Association, Society of Professional Journalists and the Associated Press Managing Editors of Pennsylvania. Reach the author at chessler@pottsmerc.com
or follow Carl on Twitter: @MontcoCourtNews.